The NYC Marathon Initiative is a fundraising initiative held by On My Feet Ltd (On My Feet) whereby successful entrants (Successful Entrants) raise funds for the charity to support the charity’s operations and to send high performing participants of the Footsteps Program to compete in the 2019 New York City Marathon (NYC Marathon). Successful Entrants receive reimbursement for entry into the NYC Marathon, accommodation and a flight allowance, and in return must fundraise minimum amounts for On My Feet.
(a) Entries Open: 1 January 2019
(b) Entries Close: 31 March 2019
(c) No. of Successful Entrants: Up to 20
(d) Successful Entrants Selected: Between 1 January 2019 and 7 April 2019.
There is no fee payable to enter the NYC Marathon Initiative.
Subject to meeting their obligations under these terms and conditions, each Successful Entrants will receive:
(a) $1,000 flight allowance, payable at the latest of:
(i) 30 days after the Successful Entrant has fundraised and transferred $5,000 to On My Feet; or
(ii) 30 June 2019,
(b) re-imbursement of up to $3050 for accommodation and NYC Marathon race entry, subject to the prior approval of On My Feet in its absolute discretion; and
(c) an On My Feet special edition uniform; and
(d) the return of their Deposit
The NYC Marathon Initiative is open to anyone who:
(a) as at 30 October 2019, is 21 years of age or over.
Directors and volunteers of On My Feet are eligible to apply, however any Director or volunteer who applies will be prohibited from selecting Successful Entrants
(a) A person applying to be a fundraiser for the NYC Marathon Initiative (Entrant) must fill in an entry form that:
(i) includes their name, address, occupation, employer, telephone number and email address;
(ii) contains their express consent to these Terms and Conditions;
(iii) indicates whether they have completed a marathon or similar event previously;
(iv) outlines any past fundraising experience;
(v) describes any ideas they may have for fundraising the required funds in the allotted time period.
(b) Only one entry may be submitted per Entrant.
(c) By entering the NYC Marathon Initiative, each Entrant agrees to abide by these Terms and Conditions.
(d) On My Feet is the sole owner of the information collected from the entry forms and any other information submitted by the Entrant. The Entrant consents to On My Feet collecting, using and disclosing that information for the sole purpose of advertising or promoting the NYC Marathon Initiative and On My Feet.
(e) On My Feet reserves the right to postpone or cancel the NYC Marathon Initiative at any time.
(a) On My Feet will determine whether an Entrant is successful based on each Entrant’s entry form.
(b) On My Feet’s decision and the identity of Successful Entrant(s) of the NYC Marathon Initiative is final and no correspondence will be entered into.
(a) To be eligible to receive the Benefits, each Successful Entrant must:
(i) pay a $900 deposit to On My Feet within 5 days of a written request to do so (Deposit);
(ii) have fundraised for and on behalf of, and (where applicable) transferred to, On My Feet, a minimum of:
(A) $3,500 by 30 June 2019;
(B) $9,000 by 28 October 2019; and
(C) $10,000 within 12 months of being notified that they are a Successful Entrant;
(iii) undertake any fundraising in a reasonable manner in accordance with applicable legislation, and must not under any circumstances engage in conduct that is unconscionable or misleading or deceptive.
(iv) conduct themselves in accordance with the values and attitudes expected by On My Feet, including but not limited to acting reasonably, in good faith, and with integrity, honesty and decency;
(v) to the extent possible, use On My Feet’s nominated bank account (Bank Account) for the receipt of any fundraising or donations under this clause 7. Any monies received by the Successful Entrants as fundraising or donations, but not deposited into On My Feet’s Bank Account, must be transferred by the Successful Entrant to On My Feet at the end of every month.
(b) The total amount required to be fundraised and transferred to On My Feet by each Successful Entrant is a minimum of $10,000.
(a) In the event that a Successful Entrant has not complied with these Terms and Conditions (in any respect):
(i) the Successful Entrant will not be entitled to the Benefits;
(ii) On My Feet will be under no obligation to provide part or all of the Benefits to the Successful Entrant;
(iii) no fundraised monies will be refundable to the Successful Entrant; and
(iv) the Successful Entrant will be entitled to a return of their Deposit within 7 days of giving written request to On My Feet to do so.
(b) In the event that a Successful Entrant fails to meet one or more of their obligations under clause 7 by the required dates, but meets their obligations at some later date, On My Feet may, in its absolute discretion, choose to award part or all of the Benefits to the Successful Entrant at such time as On My Feet determines appropriate.
(c) If a Successful Entrant becomes aware that they will not meet one or more of their obligations under clause7, the Successful Entrant must:
(i) advise On My Feet as soon as practicable; and
(ii) within 5 days of advising On My Feet, deposit all fundraised monies into On My Feet’s nominated bank account.
(a) All entrants release and indemnify On My Feet and all of On My Feet’s officers and personnel from and against all liability, cost, loss or expense arising out of acceptance of the Benefits or participation in the NYC Marathon Initiative including (but not limited to) loss of income, personal injury and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
(b) Neither On My Feet nor any of its officers or personnel will be responsible or liable if any element of the Benefits are not provided.
(c) Neither On My Feet nor any of its officers or personnel will be liable to any person for any loss or damage sustained or incurred if, for any reason, the NYC Marathon Initiative is suspended, varied or terminated at any time, with or without prior warning or publicity.
(d) Neither On My Feet nor any of its officers or personnel will be liable to any person for any loss or damage sustained or incurred arising from late, lost or misdirected entries.
(e) Neither On My Feet nor any of its officers or personnel will be liable to any person for any loss or damage sustained or incurred arising from any change in the value of a Benefit occurring between the publishing date and the date the Benefit is claimed.
(f) These indemnities and disclaimers apply to the full extent permitted by law.
(a) On My Feet complies with the Privacy Act 1988 (Cth) to ensure that your personal (including sensitive) information (Information) is protected. On entry for the NYC Marathon Initiative we may collect details of your name, address, age, occupation, employer, telephone number, and in some cases other contact details such as a facsimile number, post office box number and/or email address. On My Feet will not use the Information for any other purpose other than that associated with the NYC Marathon Initiative, such as promoting On My Feet and processing NYC Marathon Initiative entries.
(b) By entering the NYC Marathon Initiative, each Entrant expressly consents to:
(i) On My Feet contacting an Entrant by any means to let the Entrant know about goods, services or promotions/competitions which On My Feet considers may be of interest to the Entrant;
(ii) their Information being used to promote On My Feet or by On My Feet running promotions or competitions;
(iii) their Information being used, in any media, for On My Feet’s marketing, promotional or publicity purposes,
without any further reference, payment or other compensation to the Entrant. This express consent continues until the withdrawal of consent is effective as set out by law.
(c) If you do not wish to provide Information which is required, On My Feet may not be able to properly register you for the NYC Marathon Initiative or contact you in case of changes to the initiative or perform any other functions relating to the NYC Marathon Initiative or only perform them to a limited extent.
(a) All amounts in these Terms and Conditions are in Australian Dollars.
(b) On My Feet reserves the right to exclude any person from the NYC Marathon Initiative for any reason whatsoever.
(c) On My Feet reserves the right to verify the validity of entries, Benefits claims and Entrants (including an Entrant’s identity and details) and to disqualify an Entrant who does not meet the criteria set out in these Terms and Conditions or who tampers with the entry process.
(d) In all matters, all decisions of On My Feet will be final and cannot be contested. No correspondence or discussions will be entertained.
(e) Failure by On My Feet to enforce any of its rights at any stage does not constitute a waiver of those rights.
(f) On My Feet reserves the right to amend these Terms and Conditions or cancel the NYC Marathon Initiative at any time.
(g) If the NYC Marathon Initiative is not capable of running as planned due to any reason beyond the reasonable control of On My Feet, On My Feet reserves the right in its sole discretion to postpone, delay or cancel the NYC Marathon Initiative and to disqualify any person who tampers with the entry process or who does not comply with these Terms and Conditions.
(h) On My Feet assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
For further information, contact:
Adam Pirozzi at email@example.com.